COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Melvin Lee Duke v. The State of Texas Appellate case number: 01-16-00245-CR Trial court case number: 1444640 Trial court: 263rd District Court of Harris County On November 29, 2016, we issued an order, denying counsel’s fourth motion for extension of time to file appellant’s brief, abating the appeal, and remanding to the trial court for a hearing. On December 12, 2016, appellant’s counsel tendered a brief.

Accordingly, we withdraw our order of November 29, 2016, reinstate the appeal on the active docket, and order the appellant’s brief deemed filed as of December 12, 2016. The State’s brief is due 30 days from the date of this order.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown  Acting individually

Date: December 15, 2016